Ire at Sars' 1-way street

'UNFAIR': WANTS TO RECOVER FEES FROM TAXPAYERS VIA IN-HOUSE LAWYERS

- Amanda Visser

A proposed change to the Tax Administration Act (TAA) is getting taxpayers, particularly those embroiled in legal disputes with the South African Revenue Service (Sars), hot under the collar.

Sars wants to be able to recover fees and costs from taxpayers if it uses in-house legal counsel and wins against a taxpayer in the higher courts. However, this ability to recover costs will not be extended to taxpayers using their in-house legal practitioners.

The courts include the high court, the Supreme Court of Appeal and the Constitutional Court. It is also proposed that the TAA be further amended to provide that cost awards by the tax court - where Sars uses in-house legal counsel - be determined in accordance with the dispute resolution rules.

Amendments will be introduced to the dispute resolution rules to make provision for specific fees in these instances. Again, this is not extended to taxpayers who use their in-house legal counsel.